Manufacturing Controlled Substances (Health and Safety Code Section 11379.6)
After watching the hit television show, “Breaking Bad,” you decided the Walter White way of manufacturing and selling drugs is the way to go. After gathering up all of the necessary materials and starting to produce drugs, the police arrest you. There are a number of crimes you could be charged with, including manufacturing a controlled substance.
Health and Safety Code Section 11379.6 states that every person who manufactures, compounds, converts, produces, derives, processes, or prepares, either directly or indirectly by chemical extraction or independently by means of chemical synthesis, any controlled substance or offers to do so, shall be guilty of a felony.
Under HS 11379.6, “controlled substance” could mean a variety of substances, including opiates, stimulants or narcotics. These controlled substances are listed in Schedule II, III, IV and V of the Controlled Substance Act.
Prosecution of Manufacturing Controlled Substances (HS 11379.6)
In order for you to be convicted of manufacturing controlled substances, the prosecution must prove all of the following:
- You manufactured, compounded, converted, produced, derived, processed or prepared a controlled substance, directly or indirectly by chemical extraction or chemical synthesis, and
- You knew it was a controlled substance; OR
- You offered to manufacture, compound, convert, produce, derive, process or prepare a controlled substance, and
- You intended to do so when you made the offer
Sentencing and Punishment for Manufacturing Controlled Substances
Under HS 11379.6, the crime of manufacturing controlled substances is a felony in California. If you are convicted of this crime, you face 3, 5 or 7 years in state prison. If you are convicted of offering to manufacture controlled substances, it is a felony punishable by 3, 4 or 5 years in state prison.
If a child under the age of 16 resided in the structure where the alleged drug manufacturing took place, it is considered an aggravating factor. This means you could receive one of the highest sentences for this crime or be sentenced to additional time depending on the circumstances of your case.
Legal Defenses to Manufacturing Controlled Substances
Our skilled criminal defense attorneys at Wallin & Klarich will know the legal defenses to HS 11379.6 charges. Some defenses our attorneys have successfully used to defend people accused of this crime include:
– You haven’t yet reached the stage to manufacture, compound, convert, produce, derive, process or prepare any controlled substance – If you are only in the very early stages of the manufacturing process, such as gathering equipment, but you don’t have any actual chemical materials, then you should not be convicted of this crime.
– You didn’t know it was a controlled substance – In order to successfully use this defense, you must not have known the substance was a controlled substance or that it was an opiate, narcotic or stimulant. This defense is often successful if you were given orders to manufacture the substances from someone else and did not know what the substance was.
– No intent – If you are being charged with offering to manufacture controlled substances but you did not have the actual intent to do so when you made the alleged offer, you should not be convicted of this crime.
Frequently Asked Questions Regarding Manufacturing Controlled Substances
At Wallin & Klarich, we frequently receive questions from those facing manufacturing controlled substances charges. These include:
What if I’m in the process of creating a controlled substance, but I didn’t actually make any yet?
Even if you don’t have a completed product, if you have all the chemicals present and are in the process of creating the controlled substance, this may be enough to convict you of this crime.
What if there is no active “manufacturing” or otherwise active process in creating a controlled substance?
There doesn’t need to be any actual active creation occurring to be convicted of this crime. If there is a pause in the process but there is enough evidence to say that some kind of manufacturing was taking place, this can be enough to convict you of this crime.
What if one of the chemicals present has actual legitimate use, in addition to possibly being a precursor to a controlled substance?
While it can be considered a defense to say that you were actually manufacturing legal substances, if it is a precursor to a controlled substance, you can still be prosecuted for manufacturing a controlled substance. It depends on what stage you are at, and how much further you have to go to create the controlled substance.
Call the Criminal Defense Attorneys at Wallin & Klarich Today If You Have Been Charged with Manufacturing Controlled Substances
If you or a loved one has been charged with manufacturing controlled substances, you need to contact an experienced criminal defense attorney immediately. At Wallin & Klarich, our skilled criminal defense attorneys have been successfully defending clients facing charges of manufacturing controlled substances for over 40 years. We will meet with you immediately to review the facts of your case, and plan a defense strategy that will help you get the very best outcome possible.
With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.